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NRI Marriage Registration via Video Conferencing: High Court’s Landmark Judgment Explained
In a significant development for NRI couples and international spouses, the Punjab and Haryana High Court delivered a path-breaking judgment in the case of Ami Ranjan & Another vs. State of Haryana. The court clarified that marriage registration under the Special Marriage Act, 1954 can be completed through video conferencing when one spouse is living abroad and cannot travel to India due to unavoidable circumstances.
Background of the Case
The husband, Ami Ranjan, was working in London as an IT Consultant, while the wife, Misha Verma, was a medical doctor stationed in the USA on COVID duty. The couple had solemnized their Hindu marriage on 07.12.2019 in Gurugram. After returning to their respective countries, they applied for marriage registration on 29.01.2020 before the Gurugram Marriage Officer.
Because Misha could not travel to India due to pandemic restrictions, the couple requested that her presence be accepted through video conferencing. However, the Marriage Officer rejected the request, stating that the law required both spouses to be physically present to sign the Marriage Certificate Book. This decision was upheld by the Single Judge.
The Core Legal Question
The primary issue before the High Court was:
- Can marriage registration under the Special Marriage Act be legally completed through video conferencing?
- Does “personal appearance” necessarily mean physical presence?
- What happens when spouses face medical emergencies, travel restrictions, or international obligations?
Judicial Precedents Considered
The Court examined several important decisions:
- Upasana Bali – Jharkhand High Court: NRI marriage registration allowed through video conferencing and Power of Attorney.
- Pardeep Kodiveedu Cletus – Kerala High Court: Video presence is a valid form of personal appearance.
- Charanjit Kaur Negi – Delhi High Court: Embassy attestation + video appearance is legally adequate.
- Dr. Praful B. Desai – Supreme Court: Video conferencing amounts to “real presence”, not virtual presence.
Understanding the Special Marriage Act Requirements
The Court examined Sections 15, 16, 18, and 47 of the Act, which require:
- Signed application by both spouses
- Notice and enquiry procedure
- Marriage Certificate signed by both spouses and three witnesses
- The Certificate becoming a public record
However, the Court emphasized that if these legal objectives can be fulfilled through technology, then rigid physical presence should not be imposed as a barrier.
High Court’s Final Decision
The Court set aside the orders of the Matter